section 535

Citation: section 535
Parent Document: MICHAEL YOUNKER, BRAD NECKERMANN, ADAM CHADEK, and AMANDA CHADEK v. INVESTMENT REALTY, INC., MICHAEL WOESSNER, LINDA WOESSNER, CURTIS D. BAXTER, SARAH BAXTER, and WILLIAMSBURG APARTMENTS, INC., Defendants-Respondents. (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/2780934/michael-younker-brad-neckermann... ↗

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3. The landlord may withhold from the security deposit only such amounts
as are reasonably necessary for the following reasons:
(1) To remedy a tenant’s default in the payment of rent due to the
landlord, pursuant to the rental agreement;
(2) To restore the dwelling unit to its condition at the
commencement of the tenancy, ordinary wear and tear excepted; or
(3) To compensate the landlord for actual damages sustained as a
result of the tenant’s failure to give adequate notice to terminate the
tenancy pursuant to law or the rental agreement; provided that the landlord
makes reasonable efforts to mitigate damages.
4. The landlord shall give the tenant or his representative reasonable notice
in writing at his last known address or in person of the date and time when the
landlord will inspect the dwelling unit following the termination of the rental
agreement to determine the amount of the security deposit to be withheld, and the
inspection shall be held at a reasonable time. The tenant shall have the right to be
present at the inspection of the dwelling unit at the time and date scheduled by the
landlord.
5. If the landlord wrongfully withholds all or any portion of the security
deposit in violation of this section, the tenant shall recover as damages not more
than twice the amount wrongfully withheld.
6. Nothing in this section shall be construed to limit the right of the
landlord to recover actual damages in excess of the security deposit, or to permit a
tenant to apply or deduct any portion of the security deposit at any time in lieu of
payment of rent.
7. As used in this section, the term “security deposit” means any deposit
of money or property, however denominated, which is furnished by a tenant to a
landlord to secure the performance of any part of the rental agreement, including
damages to the dwelling unit. This term does not include any money or property
denominated as a deposit for a pet on the premises. (Emphasis added).

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